132. a. Certiorari may command either the Record it self or the tenour of the Record Dal. 368. Cro. 13. b. Lam. 515. Certiorari is to be directed to the Iustice Lam. 545. Iustice of Peace ought upon Certiorari to remove the Record though the partie that brought the Certiorari sueth not after to have it not removed Dal. 368. Cro. 132. b. 133. Lam. 516. An indictment may be removed upon a Certiorari bearing date before the indictment was taken Dal. 369. Cro. 132. b. 164 167. b. Lam. 510. A certificate of a Certiorari ought not to omit that which did authorize the Iustice to make the Record neither ought they to certifie more then the Certiorari warranteth them Lam. 516. If the Certiorari varie from the Record the Iustice need not to certifie Dal. 368. Cro. 132. b. A Certiorari is to send up the indictment of 〈◊〉 in which others are joyntly indicted the Iustice need not make certificate of any but of A onely Dal. 368. Cro. 132. a. Lam. 517. A Iustice may without Certiorari send into the Kings bench a Recognizance of the Peace an indictment found before him or a force recorded before him Dal. 368. Cro. 132. b. 133. b. but not without Certiorari if he be put out ibid. No bills of indictment riot forcible entrie assault or batterie found at the quarter Sessions shall be removed by Certiorari unlesse it be delivered in open quarter Sessions and the indicted bound in 10 pound to the prosecutour with such sureties as the Justice shall allow to pay within one moneth such costs and damages as the said Justices shall allow otherwise the Justice to proceed to tryall 21. Jac. 8. Dal. 214. Edit 1626. Vide plus Certificate Challenge One indicted of felonie may challenge as many as he will shewing cause but without cause he may not challenge above twentie 22. H. 8. 14. Lam. 523. Lam. 554. What shall be a good challenge for a Juror That he was an indictour of him Lam. 522. Lam. 554. That he hath not lands to cleare yearly value of 40 shill Lam. ibid. In cities and boroughs that he hath no goods moveables worth 40 pound Lam. ibid. That he is not Probus Legalis as if he be attainted of felonie forgerie perjurie c. Lam. 522. Lam. 554. Champertie Champertie is when one for hope of having part of the thing in variance moveth or causeth the suit to be moved at his own cost and for it he is to be fined 33. E. 1. Lam. 441. Chancemedlie vide Homicide Chastisement vide Correction Church and Churchyard Maliciously to strike with a weapon in the Churchyard or to draw a weapon to that end is losse of one of his eares or to be marked with the letter T. 5. Ed. 6. 4. Lam. 399. Lam. 419. To keep fair or market in the Churchyard ibid. Stat. Wint. 13. Ed. 1. Lam. 419. Conviction of any upon the statute 5. Ed. 6. 4. may be by the Iustices of Peace at their quarter Sessions by verdict testimonie of two or by confession 5. Ed. 6. 4. Execution of the forfeiture upon the statute of striking in Churchyards to be awarded by the Iustice of Peace before the conviction 5. Ed. 6. 4. Churchwardens Churchwardens and Constables or one of them or where none be the Constable of the hundred must once every yeare present at the quarter Sessions the monethly absence from church of Popish recusants and the names of every of their children of 9 yeares old and above abiding with their parents and as neare as they can the age of their children and the names of such recusants servants 3. Jac. 4. Lam. 437. penaltie 20 shillings Vide Recusants Churchwardens are to gather for the prisoners vide Prisoners Churchwardens and Overseers of the poore are yearely to make account to two Iustices whereof one ought to be of the Quorum viz. 1 Of all summes received by them rated or not received 2 Of such stock as they or any of their poore have in their hands 3 What apprentices they have put out 4 What poore they have set to work or relieved 5 What poore they have suffered to wander and begge 6 If they have monethly met to take order for the poore 7 If they have assessed the inhabitants and occupiers of lands and in their parish and such as are of abilitie with indifferencie 8 If they have endeavoured to levie and gather such assessments Dal. 72 73. Defaults in any the premisses is 20 shill ibid. Churchwardens and Overseers refusing to make a true account to the Justice of all such summes of money or denying to pay the arrerages to be committed to the goal without bail till account made the arrerages paid to the new Overseers Dal. 73 Churchwardens and Constables yearely upon Tuesday or Wednesday in Easter week must call together the parishioners And first choose surveyours for the high-wayes Dal. 5â— 2 Appoint six dayes for that purpose to be before Midsummer next following ibid. 3 Give notice of the said six dayes openly in the Church the Sunday after Easter ibid. Clerk of the Peace Clerk of the Peace must be present at the Sessions to reade enditements and inâ—oll the acts of the Sessions as also to draw processe Lam. 337. Lam. 393. Clerk of the Peace must record proclamations for the rates of servants wages and inroll the discharge of apprentices 5. Elis 4. ibid. He must keep the counterpain of the Indenture of armour 4. 5. Ph. Mar. 2. And the books of licenses given to Badgers and loaders of corn 5. Elis 12. Lam. 393. And of those that are licensed to shoot in gunnes 2. Ed. 6. 12. He must certifie into the Kings bench transcript of enditements outlawries attainders and convictions had before the Justice of Peace within the time limited 34. Hen. 8. 14. Lam. 588 593. Recognizance of the Peace is brought into the Custos Rotulorum and the partie grieved will not sue it the Clerk of the Peace may call upon it for the King Lam. 394. The office of the Clerk of the Peace is in the gift of the Custos Rotulorum 37. H. 8. 1. Lam. 394. What Records the Clerk of the Peace is bound to certifie vide Certificate The Clerk of the Peace his fees vide Fees He must record presentments for not coming to Church and the certificate of not taking the oath of Alleagiance 3. Jac. 4. Lam. 393. Clerk of a Justice his fees vide Fees Clerk of the Crown what records he ought to certifie vide Certificate Clerk of the Market Clerk of the Market taking money to dispense with faults riding with more then six horses tarrying longer then is necessarie loseth for the first offence 40 shill for the second 10 pound for the third 20 pound 13. R. 2. 4. Clergie and Sanctuarie One Justice of Peace may take out of the Sanctuarie him that is abjured thither being endited of any offence punishable by death done after he is become a
Peace next inhabiting may charge the collectors of a revenue of an Hospitall upon a pain presently to account and to imploy the surplusage to the use of an Hospitall L. 556. 14. Elis Case 5. 39. Elis 18. Hospitality vide Religious house House 1 A mans house is his castle for defence D. 177. 2 It protecteth against any arrest at the suit of any subject ibid. 3 In some cases it is a priviledge against the Kings Prerogative for it hath been adjudged that Salt-peter men may not digge in a Mansion-house without the Kings consent ibid. Theeves or murderers attempting to rob or murder a man in his house he may assemble company kill any of them and forfeiteth nothing ib. He may beat him that will enter upon his possession but may not kill him Quaere if he may hire strangers to aid him or put his ordinary company in armour Dal. 177 178. Vide plus Homicide House of Correction House of Correction with implements and backsides fitting for setting on work idle persons to be erected and provided in a convenient place in every county before Michael 1611. the same to be conveyed over to such as by the greatest part of the Iustices at the Q. Sessions shall be chosen to be imployed for setting on work idle and disorderly persons on pain of 5 pound for every Iustice of Peace the one moytie to the informer the other towards the erecting of the house 7. Jac. 4. Master of the said house to be appointed by most of the Iustices of the Q. Sessions next after providing of the said house who is to set on work and moderately to correct by whipping or fettering such persons as shall be sent to him 7. Jac. 4. Constables shall appeare before the Iustices of Peace twice in the yeare and give account upon oath in writing under the hand of the minister what rogues have been apprehended and how many punished 7. Jac. 4. Master of the house of correction giving sufficient securitie for performance and continuance of his service is to have yearely such money as by most of the Iustices at Q. Sessions shall be thought meet to be paid quarterly by the Treasurer or els the master to levy it in such sort as the Treasurer may 7. Jac. 4. Constables not safely conveying to the house of correction such as by the Iustices of Peace at their meeting for the execution of the statute 7. Jac. 4. shall be sent thither to pay such fine under 40 shill as by most of the Iustices shall be assessed 7. Jac. 4. A woman having a bastard which may be chargeable to the parish for the first offence to be sent to the house of correction one yeare for the second offence to be sent to the house of correction and to remain there till she finde sureties for the good behaviour and not to offend so again 7. Jac. 4. Any able to work and threatning to runne away and leave their families upon the parish upon oath of two witnesses before two Iustices of the said division to put in sureties for discharge of the parish or to be sent to the house of correction 7. Jac. 4. Master of the house of correction quarterly at the Sessions must yeeld account of such as have been committed or is to be fined by most of the Iustices 7. Jac. 4. If any committed become troublesome to the countrey by going abroad or escape without lawfull delivery the master is to be fined by most of the Iustices at the Q. Sessions 7. Jac. 4. All penalties not limitted by the statute 4. Jac. 4. shall be payd to the Treasurer and accounted by him 7. Jac. 4. Vide plus Poore people Hunting One Justice of Peace upon information of any unlawfull hunting of Deere or Conyes by night or with painted faces or other disguising in forrest park or warren may make warrant to the Sheriffe Constable Bayliffe or other officer to take the party suspected and to bring him before him or some other Justice to examine him thereof and if he conceal the hunting or any offender with him therein the concealment is felony in the concealer but the truth confessed is but fineable at the next Q. Sessions 1. H. 7. 7. Dal. 57. L. 191. To disobey such a warrant or make rescous thereupon is felony 1. H. 7. 7. Dal. 57. The Justice of Peace that taketh examination of the offender may after the examination binde the offender to his good behaviour to the end he be forthcoming till the offence and the offenders be lawfully examined Dal. 57. Unlawfull hunting by 3 or more will grow a riot Dal. 57. Any by night or day wrongfully entring into any inclosed ground kept for keeping of Deer or Conyes and there chasing or killing of them upon conviction to be imprisoned 3 moneths without bayl and there to continue till he pay treble damages and costs to be assessed by the Iustices before whom he is convicted or pay to the party grieved 10 pound at the election of the party grieved 7. Jac. 13. and finde sureties for his good behaviour 7 yeares 3. Jac. 13. Lamb. 441. The party grieved or the Iustice of Peace upon satisfaction of the party grieved and confession of his offence and that he is sory for the same in open Sessions may release the offender of his bond for the good behaviour 3. Jac. 13. The statute 3. Jac. 13. doth not promise offenders in parks or inclosed grounds made after the statute without the Kings license 3. Jac. 13. Enquiring hearing and determining of offences against the statute 3. Jac. 13. may be made by the Iustices of Peace and Peace and Goal-delivery at the Sessions and they may award processe upon enditements informations bills of complaint or other actions wherein no essoin c. 3. Jac. 13. Any not having lands of inheritance in his own or wives right of the cleare yearly value of 10 po or for term of life of 30 po per annum or goods to his own use worth 300 po keeping Greyhound to course deer or hare except the sonne of a knight or Baron of parliament or sonne and heir of an Esquire upon conviction by confession or oath of 2 witnesses before 2 I. of P. where the offence is the party apprehended to be imprisoned 3 moneths without bayl except he presently pay to the Churchwardens where the offence was committed or party apprehended 40 shill to the use of the poore of the said parish 1. Jac. 27. Any having lands in fee simple or fee tayl of a 100 po per annum finding any not having lands of 40 po per annum nor worth 200 po in goods to use any gun bow dogs or engines for killing of deer or hare except parker or warrener or owners of either of them or other grounds inclosed for deer or conyes that shall be yearely worth 40 shill may take any their gunnes bowes engines and dogges and keep them to his own use 3. J. 13. Lay person
ought to be pleaded under the great seal and a writ of allowance brought with it testifying he hath found surety for the good behaviour unlesse there be a dispensation by non obstante Lamb. 561. Prisoner pleadeth a pardon the I. of P. in absence of the Kings Atturney may joyn issue that he is one of the persons excepted Lamb. 560. He that killeth another se defendendâ— must sue to the King for a pardon Lamb. 253. He that killeth one by misadventure shall have a pardon of course without suit Lamb. 254. The manner of suing a pardon of course is If they desire to purchase their pardon they must upon their triall plead not guilty and then the speciall matter being found by verdict they shall be bayled then they must sue forth a Certiorari to certifie the record to the Lord Chancellour who shall make them a pardon of course under the great seal without suing to the King D. 217. Sta. 154. Park and Parker vide Hunting Hunters or killers of any Deere or Conyes in the night or daytime in any park or warren or in any other inclosed grounds and being thereof lawfully convicted every such offender shall suffer 3 moneths imprisonment and finde sufficient sureties for the good behaviour for the space of seven yeares or else continue in prison till he finde such sureties for the space of 7 yeares Dal. 317. 5. Elis 21. 3. Jac. 13. Ed 1626. Parson and Vicar vide Ecclesiasticall causes Partridges and Phesants Every I. of P. may examine offences against the statute of 23. Elis 10. Dal. 67. Lamb. 200. By 1. Jac. 27. he that shall shoot at kill or destroy with any gun or crosse-bow any Partridge Phesant House-dove or Pigeon with setting-dogs and nets or with any manner of nets snares engines or instruments or shall kill or destroy any partridge phesant house-dove pigeon heron mallard duck teal or any such fowl or hare or shall take or willingly destroy the egges of any phesant partridge or swan or shall trace or course any hare in the snow or take or destroy any hare with cords or such instruments or shall keep any greyhound for deere or hare or setting-dogs or nets to take phesants or partridges not having lands of inheritance of 10 pound or 30 pound per annum not having lands of inheritance for life or in goods 200 pound or be sonne of a Knight or sonne and heir apparent of an Esquire any of the said offences being proved by the parties confession or oath of two witnesses before any two Justices of Peace of the countie where the offence shall be committed or the partie apprehended shall be imprisoned for 3 moneths without bail unlesse he forthwith upon his conviction pay to the use of the poore there 20 shill for every hare fowl and egge and 40 sh for every greyhound setting-dog or nets or after three moneths imprisonment be bound with two sureties not to offend in any the said particulars which recognizances taken by two Justices of the Peace may be returned at the Quarter Sessions 1. Jac. 27. Dal. 67 68. Lam. 335. By 7. Jac. 11. proof of 1 witnesse is sufficient for the taking c. of partridges and phesants the punishment as 1. Jac. 27. Killer of partridges or phesants with hawks or dogge by colour of hawking between the first of July and the last of August upon conviction within six moneths after the offence by the confession of the partie or oath of two witnesses before two Justices of Peace is to be imprisoned one moneth without bail unlesse he pay presently to the Church-wardens and Overseers of the poore where he offended or was taken 40 shill for hawking and 20 shill for every partridge or phesant taken 7. Jac. 11. Dal. 68. Lam. 335. Taking of phesants or partridges upon another mans ground by nets or otherwise except unwillingly by trammell and there to let them go again loseth 20 shill a phesant and 10 shill a partridge 11. H. 7. 17. 23. Elis 10. Lam. 447. Hawking in corn before it be cropped without consent of the owner loseth 40 shill ibid. Taker killer or destroyer by gunnes bows setting-dogs nets or other engines of any partridge or phesant except the owner of a warten lord of a manour or having lands of inheritance in his own or his wives right of the clear yearely value of 40 pound or for life of 80 pound or goods worth 400 pound and their houshold-servants authorised by them within their own grounds in the day time onely betwixt Michaelmas and Christmasse upon conviction within six weeks after the offence committed by confession or oath of two witnesses before two Justices of Peace next the place of offence or apprehension to be imprisoned 3 moneths without bail unlesse he pay immediately unto the Churchwardens and Overseers of the poore of one of the said places 20 shill and be bound to the King by recognizance in 20 pound never to offend again the same to be certified at the next generall Quarter Sessions 7. Jac. 11. Buyer or seller of hare deer partridge or phesant except partridges or phesants bred up or brought up from beyond the seas loseth for every deer 40 sh phesant 20 sh hare or partridge 10 sh one moytie to the informer the other to the poore of the parish 1. Jac. 27. Constable by warrant from two Justices of the Peace may search the houses of any not allowed suspected to have any setting-dogs or nets for partridges and finding them may detain kill or cut in pieces any of them 7. Jac. 11. Offences against the statute of 1. Jac. 27. punished by it are not to be punished by Judges of Assize in their circuit Justices of Peace at Quarter Sessions or two Justices of the Peace out of the Sessions 1. Jac. 27. Offences punished by 7. Jac. 11. are not to be punished by any other 7. Jac. 11. Peace Every private person that shall be present at any affray assault or batterie ought to part them that fight and if he take hurt he shall have his action but if they resist him he may not hurt them Lam. 131. Dal. 28. Every man may stay the affrayers till their heat be cooled and then they may deliver them to the Constable to imprison them till they finde sureties of the Peace but they may not imprison them unlesse the one of them be in perill of death by some hurt for then any man may carry the other to the goal till it be known whether the other will live or die Lam. 131. Dal. 28. He which hath mortally hurt another flieth into anothers house any man that pursueth him with hue and crie may break open the house enter and take him Lam. 131 132. Dal. 29. Peers vide Noble personages Pedlers vide Rogues Perjurie Procuring any unlawfully to commit wilfull perjurie in any case depending in Court of Record Leet Count Baron Hundred Court or ancient demesne or hath corruptly suborned any witnesse sworn to testifie
service in his Majesties pay upon lawfull certificate thereof by the generall muster-master or receiver of the muster-rolls Treasurer or controller of the navie under his hand is to come to the Treasurer of the countie where he was prest or if he were not pressed then to the Treasurer of the countie where he was born or last dwelt 3 yeares if he be able to travell so farre or otherwise to the treasurer of the Countie where he landed by him to be relieved according to his discretion till the next Qu. Sessions at which time the more part of the Iustices may according to their discretions grant him a pension during his life being not duely revoked or altered 43. Elis 3. Treasurers are to make payment quarterly of such pensions as shall be granted by the most of the Iustices at the Q. Sessions under their hands and by them to be fined if they refuse to pay them 43. El. 3. Pensions of souldiers and mariners not having born offices are not to be above ten pound under the degree of a Lieutenant fifteen pound a Lieutenant twenty pound 43. Elis 3. Pensions are revocable or alterable at the discretion of the Iustices in the Qu. Sessions 43. Elis 3. Treasurer where any maimed souldier or mariner shall arrive upon certificate without allowance may give a testimoniall of his own allowance and convenient relief to carry him to the next County leading him to the place where the generall muster-master shall be and so may the treasurer of each Countie leading him thither and from thence to the Countie where he is to have his pension 43. Elis 3. Treasurer is to enter into a book money received and disbursed with the parties names and certificate to whom it was paid 43. Elis 3. Treasurer not allowing a certificate in the act of 43. Elis 3. expressed must endorse the cause thereof on the certificate 43. Elis 3. Souldier or mariner counterfeiteth a certificate or having a pension beggeth he shall lose his pension and be delivered a rogue 43. Elis 3. Souldier or mariner that cannot be relieved in the County where he was pressed by reason that whole taxation is imployed shall be relieved where he was born or dwelt the last three yeares at his election 43. Elis 3. Overplus of the stock for maimed souldiers is to be imployed by the greater part of Iustices at the Qu. Sessions to such charitable uses as are set down in the statute for poore except it be by them reserved for future pensions 43. Elis 3. Starre-chamber The experience of Starre-chamber is the best guide and direction for a Justice of Peace Lam. 175 Stollen goods After attainder upon evidence by the owner the stollen goods are to be restored to the owner by writ of restitution awarded by the Iustices before whom the attainder was 21. H. 8. 11. Lam. 586. Dal. 262. Cro. 191. a. Vide Restitution of stollen goods Stewards of Courts Stewards of the Sheriffes turn Leet or Pypowders cannot grant suretie of the Peace unlesse it be by prescription but every of them may commit him to ward that shall make an affray in their presence whilest they be in execution of their office which the steward in a court Baron cannot do Lam. 14. Dal. 2. Stocks of the shire The parishioners and in their default the Church-wardens and Constables are to assesse the tax imposed upon the parish by the Iustices at Easter Sessions towards the relief of the prisoners in the Kings Bench Marshalsey Hospitalls and other losses by fire c. In default of them any Justice of Peace dwelling in that parish or if none dwell there the next Justice may assesse the same and the same Iustice of Peace or any other Iustice of Peace in that limit in default of the Churchwardens and Constables may levie the same by distresse and sale of the offenders goods and in default of distresse may commit such persons without bail till they pay the same 43. Elis 2. Dal. 110. In all taxations observe these rules Dal. 110. 1 The most reasonable taxation of land is by the yearely value not the quantitie 2 He that occupieth lands in his own hands in severall parishes shall be charged in every parish propoitionably for his land there 3 The farmer shall be rated for the land and not the lessor 4 A man is not to be rated for his farm-rents for that the occupier of the lands is chargeable for the same 5 By goods in most cases a man may be rated as well as by lands but not both by goods and lands 6 A man shall be charged for goods onely in that town where the goods be at the time of assessment the Constable and major part of the parishioners upon warning given in the Church may make such taxations by law Dalt 106. Cook 5 6 7. The like may be done by the Churchwardens and the greater part of the parishioners for Church-charges Dalt ibid. If the greater part will not meet the officers and such as will meet may tax Dal. ibid. Where a man is charged by goods they must be bona notabilia Dalt 131. Vide Taxations Subsidie Upon proof before two Justices of Peace that a subsidie man by covin hath escaped taxation they shall charge him at double the value of so much as he ought to be taxed at and he shall be further punished at the discretion of the said Justices Lam. 3â—6 Suggestion vide Information Summons of the Sessions vide Sessions Sunday All persons shall resort to their parish Church or Chappel accustomed or upon reasonable let to some usuall place where Common prayer shall be used upon every Sunday and other day ordained and used to be kept holy day and then and there to be orderly and soberly during the time of Common prayer preaching or other service of God or lose 1â— pence for every offence to be ievied by the Church-wardens there to the use of the poore by way of distresse 1. Elis 2. Dal. 80 81. though he be Popish Recusant convict or not convict ibid. If any subject do not resort and repair every Sunday to some Church or Chappel or some usuall place appointed for Common prayer and there heare divine Service according to the statute 1. Elis 2. it shall be lawfull for a Iustice of Peace of that limit upon proof by confession of the partie or oath of witnesse to call the partie before him and if he or they make not a sufficient excuse to the satisfaction of the said Justice then to give warrant to the Churchwardens of the said parish under his hand and seal to levie 12 pence by distresse to the use of the poore for every default and for want of distresse to commit the offender to prison every offender to be called in question for one moneth after the offence 3. Jac. 4. Lam. 418. None punished according to the branch of the statute of 3 Jac. 4 shall be punished by 1. Elis 2. for the same offence 3. Jac. 4.
the yeare week or day for such wages as they shall think meet or commit her to ward till she be bound Dal. 61. Lamb. 330 331. The retainer of any to serve in the arts of clothing Wooll-weaver Tucker Fuller Clothworker Sheerman Dyer Hosier Taylor Shoemaker Tanner Pewterer Baker Brewer Glover Cutler Smith Farrier Currier Sadler Spurrier Turner Bowyer Fletcher Arrowhead-maker Butcher Cook or Miller for lesse then a yeare is void 5. Elis 4. Lamb. 473. Any unmarried or under thirty yeares and married me compellable to serve in any of the the said arts or to be imprisoned untill they will serve 5. Elis 4. upon request of any person using the said trades except the person be lawfully retained with some other or have 40 shill per annum in lands or 10 pound in goods or some farm in tillage Dal. 60. Lamb. 473. None retained in husbandry to depart at his time into any other limit without testimony on pain of 20 dayes imprisonment and to be whipped if then he brings none and receiver of such loseth 5 pound Lamb. 474. Dal. 64. Labourers not working so many houres as they ought lose a peny an houre Lamb. 474. Servant falling sick or non potens corpore the master may not put him away nor abate his wages Dal. 83. Any taking work by great and departing unlawfully before the work be finished loseth 5 po and is to be imprisoned for a moneth Lamb. 474. Any taking an apprentice contrary to order of law or exercising an art not being apprentice therein 7 years loseth 10 pound 5. Elis 4. 5. Lamb. 475. Servant departing into another shire is indicted for it in the county whence he departed the Justice of Peace may award a Capias to the Sheriffe of that shire whereunto he departed returnable before themselves 5. Elis 4. Lamb. 525. The sufficiency of the cause of the masters putting away of his servant or the servants departing from his master within his term must be proved at the Q. Sessions Lamb. 610. Houshold servant spoileth the goods of his deceased master and after proclamation in the Kings Bench maketh default of appearance there it is felony but not enquirable by the Justice of Peace 33. H. 6. 1. Lamb. 281 548. A man not able nor sufficient to keep a servant doth retain a servant such retainer is void Dal. 63. Retainer of a servant in husbandry without expressing any term shall be for one year Crom. 184. Dal. 64. it is according to the statute 5. Elis 4. One retaineth a servant for 40 dayes and afterwards another retaineth him for a year the first retainer is void Cro. 184. a. Dal. 64. A servant cannot be discharged by his master without his own agreement or for some cause allowed by a Justice of Peace Dal. 64. An apprentice cannot be discharged by his master but by writing for an apprentice cannot be but by writing Dal. 64 62. Cro. 184. b. 185. b. A servant put away shall have his proportionall wages for the time he served but it must be by the help of a Justice of Peace Dal 64. A servant of his own accord departing from his service loseth all his wages Dal. 64. A servant refusing to do his service it is a departure in law though he stay still with his master Dal. 64. Detaining of wages or of meat and drink is good cause of departure but to be allowed by a Justice of Peace Dal. 64 65. Cro. 185. a. A woman married after she is retained must serve out her time Cro. 184. b. Dal. 63. No servant in husbandry artificer or victualler nor any labourer shall carry any buckler dagger or sword on pain to forfeit the same but for defence of the realm or travelling with their master or about their masters businesse 12. R. 2. b. Cro. 185. b. Any two Justices of Peace may give their consents with the Churchwardens and overseers or to the greater part of them to binde as apprentices the children of poore parents till the age of the man-childe of 24. and of the woman till 21. 39. Elis 3. Lamb. 331 327. 43. Elis 2. Dal. 63. Retainer according to statute though no wages be spoken of is good and shall have wages according to the proclamation Dal. 61. Retainer not being according to statute is void except it be by Indenture Dal. 81 82. Retainer upon condition is good Dal. 82. Retainer without expressing in what office is good Dal. 82. Retainer for life is good Dal. 82. Retainer for a yeare to serve when he shall be required is not good Dal. 82. By retainer the servant is presently in service though he come not into his masters service indeed Dal. 82. The executour the master dying must pay wages to the servant hired according to statute not otherwise except it be by Indenture Dal. 83. Larceny Larceny is the felonious and fraudulent taking another mans personall goods removed from his body and person without his will to the end to steal them Lamb. 271. P. R. 129. Personall goods are Wholly anothers Dead Alive His own yet also a party in another Dead goods In their own nature chattels as money plate houshold-stuffe Lam. 273. wooll severed from the sheeps backs to take the skinne and leave the bodie the flesh of tame or wilde fowl or beast 275. goods of the Church parish or of an unknown person 276. Once no chattels and made chattels by the owner as mowed corn mowed hay wood felled apples gathered c. 273 276. Alive Tame as horses beasts sheep swine pullen 273 274. Wilde made tame by Art Restraint of libertie By art as A tame deer by common law 275. By statute a falcon tarcelet lanner lanneret lost without bringing it to the Sheriffe to be proclaimed 274. By restraint of their libertie as young pigeons young herons young hawks out of their nests fish in a trunk stew or pond 274. A mans own goods Where he hath given a speciall propertie to another as by bailment pawning c. and feloniously taketh it again 277. Where one coming lawfully to the possession by lending altereth the propertie as by melting of borrowed plate and the lender taketh the metall feloniously 277. In what goods larcenie cannot be commited In goods of Profit Pleasure Goods of profit as where is An owner and they are Reall Personall No owner as treasure trove wrecked strayed Lam. 276. Reall are Distinct from the freehold as charter of land or award Lam. 275. Annexed to the freehold as apples on the tree a tree growing lead from a house or from a Church Lam. 276. Personall as wilde things using their wildenesse as pigeons flying hawks not reclaimed fishes in the river Lam. 274. Dal. 234. phesants partridges hares conies herons swans or deer that are abroad Lam. 275. Goods of pleasure as dogs apes parrats finging birds a diamond rubie or other stone not set in gold or silver Lam. 275. Larcenie is Grand larcenie Pettie larcenie Grand larcenie is where the thing stollen is